- Why Should I File An Injury Lawsuit?
- What Does A New Jersey Personal Injury Lawyer Cost?
- What Are The Most Common Types Of Injury Cases?
- What Is A Personal Injury Settlement?
- What Types Of Personal Injury Compensation Will We Be Seeking?
- How Much Is My NJ Injury Case Worth?
- What Will A New Jersey Personal Injury Lawyer Do For Me?
- What Is My Role In The Injury Case?
- What Is The Statute Of Limitations For Personal Injury Lawsuits in New Jersey?
- What Steps Will My NJ Injury Lawyer Take?
If you’ve been injured in an accident due to someone else’s negligence, it’s in your best interest to speak with our New Jersey personal injury lawyers. We’re standing by 24/7 to answer all of your questions and fight for maximum compensation for you and your family.
Were you involved in a car, motorcycle, or commercial truck accident caused by another driver’s negligence? Have you or your child been injured by a defective product? Were you injured at work or construction site due to no fault of your own? Did you sustain an injury in a hospital or at the hands of a doctor or pharmacist? Were you injured in a slip and fall accident?
Find out TODAY if you are eligible to file a NJ personal injury lawsuit and win compensation for your medical expenses, pain and suffering, emotional distress, and lost income.
Get a FREE and immediate CASE EVALUATION.
No need for an appointment. Just call and get Adam Rosengard on the phone right now: 833-323-4448
Why Should I File An Injury Lawsuit?
Your life will undergo many changes after being injured.
People with very serious or catastrophic injuries may see their lifestyle change forever.
Before your injury, you were able to enjoy your life. It’s very possible your injury is preventing you doing the things you love.
Before your injury, you were able to care for your home, your cars, and your children or elderly parents. Now, you are forced to pay someone to do all of this for you.
In addition to these changes, you may also suffer financial hardships.
Maybe you’re unable to return to work. You may have out-of-pocket expenses for treatment, medical supplies, and transportation to your doctor visits.
Some people lose contributions to retirement and/or health insurance.
You are suffering through all of this chaos and stress because of the negligent act of another person or entity.
Fortunately, the law allows you to seek compensation for your losses through a personal injury lawsuit.
If you believe that the injuries you received qualify for a personal injury lawsuit, you are encouraged to call us for a FREE case evaluation, and have the facts of your case reviewed by a qualified New Jersey personal injury lawyer.
What Does A New Jersey Personal Injury Lawyer Cost?
You, the injured party, may not have the resources available to hire an attorney, yet the insurance company has access to its huge legal team to represent their case. It is simply not fair.
To even the playing field and to ensure that everyone has access to quality legal representation, our law firm works on a contingency basis.
This means there are NO FEES. Read Our No Fee Promise
We make only a percentage of the injury settlement that we win for you.
Working on a contingency basis not only gives you access to an experienced personal injury lawyer in NJ, but it also provides Rosengard Law Group with an incentive to FIGHT FOR MAXIMUM COMPENSATION AND WIN your case.
You will not pay us out of pocket fees even if you do not win a settlement, so calling us for a free case evaluation is risk free.
What Are The Most Common Types Of Injury Cases?
An injury causing accident can happen at any time. Every accident and injury is very specific to that event. Keep reading to see if you can relate to any of the following injury types. If your injury falls under any of these broad categories, you may have a case.
Keep in mind that in order to have a valid injury case, your injury must be caused by the negligence of another person or entity.
Motor Vehicle Accidents – Including Commercial Vehicles
Auto accidents are the most common accident to cause an injury in the United States. Most of these injuries fall into one or more of the following 7 categories.
- Car accidents
- Bus accidents
- Taxi and Uber
- Truck accidents
- Boating accidents
- Motorcycle accidents
- Bicycle accidents
Nearly all motor vehicle accidents are the result of one of the drivers acting in a negligent manner. A driver might have been ignoring traffic laws, speeding, blowing a stop light or sign, using their cellphone, or operating the vehicle under the influence of drugs or alcohol.
The result was an accident, it was their fault, and you were injured.
The injured party would have the right to file a claim for compensation to recover the costs of their medical care, lost wages, and other damages allowed under the law.
Rosengard Law Group will dig through every legal possibility to ensure we file for the maximum compensation.
Premises Liability – Slip and Fall Injury
Premises liability is also called a “Slip and fall” case, and it refers to a personal injury case in which a person is injured on someone else’s residential or commercial property.
Wet floors, unsecured rugs or tiles, uneven or cracked pavement, unlit stairwells, and missing handrails on staircases are just a few of the events that can lead to a slip and fall accident.
We will work hard to prove that your injury is a result of the property owner not keeping the property safe for use.
In addition to the physical injuries received, the victim often suffers a lot of emotional trauma from a bog bite. This is especially true in children.
Anyone who is bitten by a dog has the right to seek compensation from the owner.
There may be some local ordinances that apply a shared responsibility on animal attacks, but this does not prevent someone who was attacked from seeking compensation for their losses.
A medical malpractice case refers to any injuries that occur as a result of negligent actions by a medical professional: doctor, nurse, chiropractor, dentist, or pharmacist. Each of these medical professionals is held to the same standards under the malpractice laws.
Medical professionals are committed to upholding rigorous standards of care. Medical malpractice happens when a medical care provider treats a medical condition in a manner that is not consistent with the standards set by medical community.
If you’ve been injured during any part of your treatment, and the injury was caused by anyone who’s had direct contact with you during your treatment, you may have a solid case.
These cases can quickly become complex. Anyone who feels that they have been injured by the medical care that they received should call us as soon as possible.
Nursing Home Abuse
Some nursing homes are understaffed and use workers that are under-qualified for their positions.
Elder care and special rehabilitative services require special training and knowledge that some certified nursing assistants (CNA’s) do not possess. This can quickly lead to nursing home injuries, so it’s important that you pay special attention to their physical and emotional well-being.
Keep a close eye on your loved ones in nursing homes and look for these common injuries:
- Bruising and cuts
- Fractured bones
- Physical and mental abuse
- Bed sores
Birth injuries are a specific form of medical malpractice. Birth injuries can occur at any time up to, during, or immediately after the birth of a baby.
Birth injuries can be very serious and lead to the need for life long care. The misuse of forceps, vacuum injuries, fetal distress, oxygen deprivation, delayed cesarean sections, and other failures can lead to injuries to mother and infant.
If your baby has been a victim of a birth injury, speak with a New Jersey personal injury lawyer about your case. Our compassionate attorneys will help you secure the compensation you need to provide your child with the proper care.
It’s important to have your child evaluated as soon as possible for Erb’s Palsy, Bells Palsy, Cerebral Palsy, spinal cord injuries, and brain injuries.
Dangerous Medications and Medical Devices
Pharmaceutical companies often push their product to the open market before enough testing has been completed. These companies have also been known to overlook or fail to disclose the dangerous side effects of their products.
In an industry that relies heavily on stock investors to produce their products, they must push medications and devices to be put on the market to keep their shareholders happy.
Sadly, many people suffer and face life-threatening side effects from these dangerous medications. These types of injuries usually fall under the product liability category. However, since medications and medical devices often affect a large group of people, it is placed in a legal category all of its own.
Many of these cases move on to become “class action lawsuits”.
If you or your loved one have been harmed by a defective medication or medical device, speak with a personal injury lawyer in NJ today.
Rosengard Law Group can represent your case as an individual or as part of a class action lawsuit.
Product Liability – Injury From A Defective Product
Companies that produce products that are available to the consumer are responsible for injuries their products cause.
There are basically three types of product liability claims.
1. design defect: states that the product is inherently dangerous based on its design alone and is considered “unreasonably dangerous” to the user or someone close by.
2. manufacturing defect: states that the original design of the product is safe, but that an error occurred during the manufacturing process, and this error made the product dangerous.
3. warning label defect: the manufacturer failed to warn the users of the dangers or side effects of their products.
A defect can refer to the design process, the manufacturing process, labeling, or even the marketing process for the item.
You made a purchased based on the belief that you will not be harmed by the product. When an injury does occur due to a defect, you are entitled to receive compensation for your losses.
Product liability cases can be handled as individual cases or may become part of a class action lawsuit.
Our NJ injury lawyers will recommend which type of case you should pursue to get the best results.
Burn injuries can be devastating to the victim. They usually require extensive medical care, and it may be very fragile and painful even when the burned area is healed.
Plus, the extensive amount of treatment necessary to save the skin and muscles is expensive.
Burn injuries can happen as a result of faulty wiring, inadequate fire alarms or escape areas, explosions, chemical spills, and other acts of negligence.
Burns are categorized in three types, according to severity:
First-degree: only the top layer of skin is damaged and usually heal within a week.
Second-degree: damage goes deeper than the top layer of the victim’s skin. The blistered skin may take weeks to heal. Bandages are required.
Third-degree: These burns are extremely serious, because the damage can go as deep as the bone and can cause permanent nerve damage and death.
Rosengard Law Group can aggressively represent someone who has suffered a burn injury.
We understand the severity of these types of injuries and work with experts to help build a solid case for compensation.
Any injury that happens while you’re performing your job duties is covered under your employer’s worker’s compensation policy.
Employers are required to carry this type of insurance to protect their employees while they are on the clock.
Worker’s compensation also protects employers from being sued directly.
Important: your injury does not have to be an accident to fall under a work related event.
There are many jobs that cause injuries just through normal everyday work. These types of injuries are also covered under the worker’s compensation policy.
The problem is that worker’s compensation adjusters are infamous for denying claims and medical care. They’re also known for forcing you back to work before your injuries are fully healed.
Don’t let this happen to you.
If you have been injured on the job, call to get a free case evaluation to learn how a we can protect your rights in a worker’s compensation claim. See also: NJ construction accidents.
Wrongful death is a fatality that occurs as the result of the negligence of another person or entity.
To be classified as wrongful death, you simply need to ask the question:
“Would the deceased be able to file a personal injury lawsuit had they survived the negligent act?”
If the answer is yes, the case will qualify as wrongful death.
A wrongful death does not have to happen instantly or at the scene of the event. It has to be the direct result of the accident or negligent act.
While it cannot help the emotional pain of the loss, a wrongful death lawsuit is used to help the grieving family recover after the loss of their loved one.
A wrongful death settlement is to help the victim’s family financially, so they can concentrate on the emotional healing process.
What Is A Personal Injury Settlement?
A personal injury settlement occurs when both parties to the lawsuit agree on a fair compensation package for the injured party.
This only occurs after extensive negotiations between your NJ personal injury attorney and the insurance company.
We would NOT advise you to accept the first offer from the insurance company, because it is generally incomplete and too low.
Most cases settle before they go to trial, because the insurance companies understand that taking your case to trial is more expensive for them in the long run.
How do I collect my personal injury settlement? This depends on your specific situation, what kinds of insurance policies are in play, and if we need to go to trial. We can provide a better answer after doing the research on your case. Call today to learn more.
What Types Of Personal Injury Compensation Will We Be Seeking?
Personal injury compensation is divided into two types: economic and non-economic.
The types and amounts of compensation that you receive will be based on the specific information of your case.
- Economic damages will always be part of your compensation package: Medical bills, lost income and loss of future earning capacity, property loss or damage, rehabilitation, household services, plus any other out-of-pocket costs and financial losses that were a direct result of the accident and injury.
- Non-economic damages are the physical pain, mental/emotional anguish, humiliation and damage of your reputation, loss of enjoyment of activities, and the general fear and anxiety that negatively impact the quality of your life.
This portion of your compensation will cover all current and future medical bills related to your injury.
Your NJ injury lawyer will calculate all of your current and future medical expenses, and add them to the lawsuit, so you can have the means to continue your care long after the case has closed.
Your medical bill compensation will include all of the care that you received and will need to receive in the future such as testing, imaging, medications, medical devices, therapy, and in-home care.
Past and Future Losses of Income
If your injury made it impossible for you to return to work, your compensation package will include lost past and future income and future earning capacity.
Benefits such as employer-sponsored contributions to your retirement plan and health insurance premiums paid by the employer will be included in this part of your compensation package.
Loss Of Income: this is the amount of money you lost, because your injury kept you out of work. It’s usually an easy calculation done with your pay stubs, W-2 forms, tax returns, and self-employment business records. You can also be compensated for missed sick and vacation days.
Losses Of Future Income: If you can’t return to work at all in the future, the lost future wages are the projected income you’re missing because of your injury. Naturally, this will be contested by the insurance companies, so it’s worth speaking with us about it in your case evaluation.
Loss Of Earning Capacity: we believe that you deserve to be compensated for your ability to earn or achieve certain monetary gains based on your education, work experience, work history, industry norms and trajectory, potential, and future plans.
Loss of Services
If you are forced to hire people to complete tasks that you normally do around your home, your attorney will seek compensation for these costs as well.
A parent can claim the loss of services of their child. A spouse can be compensated for the loss of service of the injured spouse. (separate from loss of consortium).
Pain and Suffering
Pain and suffering are non-economic damages and are very specific to the case. There aren’t specific amounts that are guaranteed or awarded for this type of damage. To be awarded this type of compensation, we must be able to show the physical pain and suffering you endured and continue to endure now.
Your NJ personal injury lawyer presents the pain and suffering portion of your compensation package through the use of your medical records.
It is very important that as an injured person you are proactive about telling your medical care provider about the pain and suffering you are having during your exams. Make sure that they realize what you are going through, so they can document it in your records.
Your doctor will ask you what your pain levels are on a scale from 1 to 10. Be honest. This record will be in your lawsuit. If you’re in pain, don’t tell your doctor you’re at a 2 or 3 if you’re really at an 8 or 9.
Keep a journal of your injuries. Document everything to paint a realistic picture of how the injury is affecting your life.
If you’re struggling with physical therapy, write it down, if you’re feeling discomfort, write it down. Keep the journal very honest and open about your recovery.
Emotional stress is very much like pain and suffering compensation. You will need to show how the injury or accident has affected you emotionally. Proof comes from records from a session with a therapist, psychologist, or psychiatrist.
Loss of Consortium
Loss of consortium or companionship is a type of compensation usually reserved for the spouse of the injured party. If the injury has now changed portions of your relationship so that it is no longer a full relationship, both the injured party and the spouse can seek damages.
The word “consortium” means ‘the right of association and fellowship between two married people’. In New Jersey, the law defines loss of consortium as a “loss of comfort, society, and marital relations”.
Loss of consortium compensation is only awarded to the spouse in serious injuries like paralysis, amputation, brain damage, severe burns or scarring, and other injuries that cause constant pain.
Wrongful death claims are different than personal injury lawsuits. Personal injury suits are brought by the injured, and wrongful death lawsuits are brought by the spouse and/or the children of the deceased.
If your loved one died as a result of a negligent act, you could seek compensation for wrongful death.
Medical malpractice, car accidents, unsafe products, and workplace accidents can all result in a NJ wrongful death lawsuit if the victim is killed as a result of another person’s or entity’s negligence.
In addition, a “survival action” allows for compensation for the pain and suffering that occurred between the victim’s injury and death.
We’ll discuss all of your options during your consultation.
Punitive damages are a type of compensation that is used to punish the negligent party for their actions. These are damages that are only awarded when the court feels that the negligent act was of a heinous nature or when the defendant’s behavior was intentional with reckless disregard for another person’s life.
Examples of conduct that would merit punitive damages include:
- Willful misconduct
- Specific intent to cause harm
- While under the influence of alcohol and/or drugs
How Much Is My NJ Injury Case Worth?
Every case is unique, and there are usually many twists and turns, so it would be illegal and immoral for any personal injury attorney to guarantee you a compensation package or settlement amount.
Some cases that appear to be an “open and shut case” can have issues later when more facts come to the surface.
Other cases appear to be nothing until we review the police and medical records. At that point it may become clear that the injured will not be able to return to work and will need financial compensation for life-long medical support.
We may be able to give you a “ballpark figure” based off of their experience with similar cases, but it is very hard to make an educated guess on the settlement amount.
What we can say is that we will always fight to win the maximum compensation for you and your family.
What Will A New Jersey Personal Injury Lawyer Do For Me?
From the moment you sign your retainer agreement for legal services, your attorney and their team will begin aggressively building your case.
Rosengard Law Group will:
- Review medical records and have them evaluated by an expert to determine the true depth of your injuries
- Make sure that you are receiving all the medical care you need for your recovery
- Examine the scene of the accident
- Bring in an accident reconstruction expert if necessary
- Question witnesses
- Request all necessary documents
- Bring in experts where necessary
- Negotiate a settlement offer with the insurance company
- Take the case to trial if necessary
We will also work closely with you to keep you up to date on the progress of the case. Your attorney will always be available to answer your questions.
What Is My Role In The Injury Case?
When you are a client in a personal injury case, your lawyer will expect the following from you:
- Continue all medical treatments as recommended by your doctor. Missed appointments can impact your case.
- Submit all documents requested and by the dates requested.
- Never admit fault for your injury in any way, especially to the insurer or online.
- Keep a journal of the recovery process from a very personal perspective.
- Avoid discussing any part of your case with anyone, especially on social media.
What Is The Statute Of Limitations For Personal Injury Lawsuits in New Jersey?
The Statute of Limitations is a set of laws designed to protect all members of legal action.
The Statute of Limitations limits the length of time between an event and the time a person can seek compensation for damages.
The reason for the Statute of Limitations is to keep the cases fair for both parties in the action, because overtime, evidence can become lost or damaged, witnesses move or pass away, events are not remembered accurately, and the integrity of the case can become weak.
In most cases, the Statute of Limitations, when applied to a personal injury case, is two years from the date of the injury.
Speak with us soon after an accident or injury to ensure that you do not miss out on receiving compensation because you filed the case past the limitations date. Call now: 833-323-4448
What Steps Will My NJ Injury Lawyer Take?
Regardless of accident or injury type, all personal injury cases will follow the same procedures. Knowing the different steps in a case will help you understand where your case “is at” during the entire process.
Once you’ve had medical care for your injuries and a FREE CASE EVALUATION with a New Jersey personal injury lawyer, it will proceed as follows:
- Build The Case: You agree to legal representation with Rosengard Law Group, and we begin to build your case. We start by gathering information about your injuries and financial losses. This gives us the information we need to approach the insurance company about your case.
- Demand Letter and Negotiations: We will use the information in the prior step and send a demand letter to the insurer for a specific amount of money as compensation for your losses. Of course, our demand letter will automatically be counter offered by the insurer at a much lower amount. Then we start the negotiation process with the insurer to push them in the right direction (UP!). If a good settlement agreement cannot be reached, we move to the next step.
- File a Lawsuit: We’ll file a lawsuit against the insurance company on your behalf. At this time, the insurer will probably begin to respond more aggressively. This is fine and normal. We are accustomed to this. It’s what we do everyday. It’s our strength as injury attorneys. There is still potential to settle the case before it goes to trial, in fact, 95% of personal injury cases settle at this point.
- Discovery: During this process, attorneys for both sides of the issue will begin gathering information, interviewing witnesses, and hiring experts to build their case for trial.
- Go to Trial: If the case does not settle, we will present your case in court before a judge and jury. When the case is over, the jury will decide the outcome. It is very rare for insurance companies to allow a case to go to trial because juries tend to award much higher damages than what was requested.
Being injured by the negligent act of another person or business can change your life!
You do not need to face these hardships alone.
If you are a victim of a personal injury in New Jersey, you are encouraged to call 833-323-4448 now for a free over the phone consultation with a New Jersey personal injury lawyer.